TERMS AND CONDITIONS/ ህግና ደንቦች

TERMS AND CONDITIONS

  1. Integration Clause:  This Terms and Conditions sheet supplements the General Client Letter of Agreement and is incorporated by reference.  These Terms and Conditions are governed by the General Client Letter of Agreement, Section E: “ENTIRE AGREEMENT” clause.
  2. Best Efforts for Completion Date: The date referenced in the General Client Letter of Agreement represents the approximate completion date of www.ethiotrans.com for the project specified by the Client and is based on the project as described in the General Client Letter of Agreement, Section A: “DESCRIPTION OF SERVICES”.  www.ethiotrans.com promises to use its best efforts for its proposed complete date.  www.ethiotrans.com does not guarantee the aforementioned completion date.  In addition, there is an extra charge equal to a minimum of 10% of the total contract price for expedited completion of work.  Additional fees are as laid out in the General Client Letter of Agreement, Section B. “FEES FOR SERVICES”.
  3. Beginning of Work: www.ethiotrans.com will not begin work until the Agreement has been executed and a sufficient deposit, as set forth in the General Client Letter of Agreement, has been received. 
  4. Price:  The price set forth in the General Client Letter of Agreement is based on the form of file submitted to www.ethiotrans.com.  All materials necessary to complete work must be, and the person signing is attested to the fact that they are, included.  Price is subject to change in the event that Client provides www.ethiotrans.com with additional materials.  If either workload or Description of Services changes, www.ethiotrans.com will stop work immediately, no further work will begin, and no outstanding work be completed, until a new General Client Letter of Agreement outlining the new price and the new project scope has been signed by both parties. 
  5. Client Changes:If Client makes changes to original documents for translation, after www.ethiotrans.com has already begun the project, www.ethiotrans.com will use its best judgment in selecting the terms of the specific language to be used as it relates to a certain field or area – unless customer has provided a glossary.  Any changes to original materials will be treated as an additional edit and will involve an additional cost, as outlined in the General Client Agreement.
  6. Artwork: For layout, formatting, or other artwork, www.ethiotrans.com will use the “closest match practical” between end product and original, but because of certain inherent differences between languages, www.ethiotrans.com does not guarantee that all of the finished product will be identical to the original submitted to it.
  7. Software Limitation:www.ethiotrans.com is not responsible for software limitations.  www.ethiotrans.com will use its best efforts to provide most current software programs that best match Client’s specific project needs.
  8. Delivery: Project delivery method and form of delivery are outlined in General Client Letter of Agreement.  Any changes to delivery form, method or both must be mutually agreed in writing by both parties.  Changes to the delivery method resulting in any increase in project cost to www.ethiotrans.com from additional faxes, postage or courier fees will be paid by the Client prior to project delivery.
  9. Completion: Upon request set forth in the General Client Letter of Agreement, www.ethiotrans.com agrees to return all materials given by the Client to www.ethiotrans.com upon work completion.  In any event, www.ethiotrans.com is not responsible for any loss or damage to customer’s original source file and www.ethiotrans.com will not be responsible for storage any materials or files for a period in excess of thirty (30) days after work has been completed.  If the Client makes no request for return, www.ethiotrans.com may, without notice, dispose of said materials upon project completion.
  10. Cancellation: If Client informs www.ethiotrans.com of its intention not to perform or observe a term or provision of this Agreement after work has begun, www.ethiotrans.com shall suspend performance, notify Client that it considers the repudiation final and Client shall pay reasonable value for services www.ethiotrans.com has already performed as outlined in General Client Letter.  General Client letter will lay out fees for repudiation –  (1) If work has already begun, the minimum fee for services is 50% or certain percent that is reasonable; (2) Client is responsible for the reasonable value of services performed – reasonable value of services is determined to be the percentage of the services completed multiplied by the contract price. 
  11. Confidentiality: www.ethiotrans.com agrees to use all efforts to maintain confidentiality;  however, www.ethiotrans.com provides/claims no warranty or guarantee and no liability of any nature to Client in the event that the confidentiality has been breached.
  12. Right to refuse: www.ethiotrans.com reserves the right to refuse the project after receiving the necessary material if it deems the materials inappropriate or for any reason objectionable.
  13. Damages: Neither party will be held liable for consequential damages, incidental, punitive, or indirect damages of any kind including without limitation:
    1. Loss of profits, data, service, content, business interruption resulting from delays, non-deliveries, mis-deliveries or service interruption;
    2. Accuracy quality or nature of information obtained through customer site, www.ethiotrans.com site, or any other related or linked website, nor the consequences arising from or related to any viruses transmitted through the customer site;
    3. Maximum aggregate liability for any delays, inaccuracies, or other errors shall not exceed amount paid pursuant to this Agreement and for specific job performed less ½ initial deposit;
    4. In no event will www.ethiotrans.com be liable to Client or any third party for copyright infringement claims as a result of the translation of text or other materials pursuant to the performance of services described under this Agreement.
  14. Indemnification: The Client shall indemnify and hold www.ethiotrans.com harmless from any and all losses, claims, damages, expenses or liabilities (including reasonable attorney’s fees) which www.ethiotrans.com may incur based on information, representations, reports, data or product specifications furnished, prepared or approved by Client for use by www.ethiotrans.com in the work performed under this Agreement.
  15. Changes: No changes to this Agreement shall be made unless done in writing and signed by both parties.
  16. Governing Law: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California.  
  17.   Forum Selection: Any dispute that arises under or relates to this agreement, whether contract, tort, or, both, shall be brought in Superior Court in San Diego County, San Diego, California, USA.
  18. Severability: If any Section of this Agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality, and enforceability of any such Section in every other respect and the remainder of this Agreement shall continue in effect so long as the Agreement still expresses the intent of the parties.  If the intent of the parties cannot be preserved, this Agreement shall be either renegotiated or terminated.
  19. Prevailing Terms: The terms and conditions of this Agreement shall prevail over any additional or contrary terms that may be contained in any instructions or other communications submitted to www.ethiotrans.com by Client.

ATTACHMENT A – PROOFREADING

  1. Languages:For the particular languages Amharic and Tigrigna, www.ethiotrans.com requires either a hard copy or PDF file to ensure proper font form.  Client is advised that Amharic fonts may show up differently from machine to machine and from software to software. 
  2. Written Margin Notes: If Client does not solicit www.ethiotrans.com to retype the entire document, www.ethiotrans.com agrees to proofread Client document and provide written notes in margins on original or in a manner otherwise mutually agreed by both parties and set forth in the General Client Letter of Agreement.  Delivery of final product, for projects that require written margin notes, will be either by fax or e-mail (which will contain the scanned hard copy as an attachment) as set forth in the General Client Letter of Agreement.
  3. Retyping: If Client requests the entire document be retyped:
    1. www.ethiotrans.com charges an additional fee for retyping. These fees are as laid out in the General Client Letter of Agreement Section B. FEES FOR SERVICES.
    2. The writer Software shall be provided by the Client if so requested by www.ethiotrans.com.  If the software is new to www.ethiotrans.com, Client is advised that additional time to complete the project will be required.
    3. If the Client does not know the type of font used in the original document, www.ethiotrans.com will use its best efforts to match the font from the original to the final project product.  www.ethiotrans.com does not guarantee an exact replica of the font in the original.
    4. Typesetting fees are separate and are explained in the General Client Letter of Agreement when applicable.
    5. The charge for embedding the fonts in the document are set forth according to the rules and regulation form the particular font vendor.  www.ethiotrans.com is responsible for choosing the appropriate font vendor, using its best professional judgment.  Client agrees to hold www.ethiotrans.com harmless for any liability arising from font vendor selection.  Upon request from www.ethiotrans.com, Client will provide the rules and regulations regarding embedding costs to www.ethiotrans.com at a time mutually agreed upon by both parties in the General Client Letter of Agreement.
  4. Integration Clause: This Attachment A – Proofreading sheet supplements the General Client Letter of Agreement and is incorporated by reference.  This Attachment A – Proofreading is governed by the General Client Letter of Agreement, Section E: “ENTIRE AGREEMENT” clause.

 New Added October 31, 2004

1.  Out of Country ( OUT of USA) companies

First time  client

If the company or client is an out of country or  out side USA and it is the first time customer the following rules will apply. 

A.    The client will require to pay a down payment (upfront) from 25-50% of the total price depend on the type and amount (volume) of the project. And the client will pay 25% in the middle of the project and the remaining will be at the end of the project.

B.    If the client sends a check or money order the project will not be started until the check clears, and the collection fees on the check will be added to client’s final bill.

C.    If the client pays via Paypal we will add the extra charge occurred by Paypal

D.    If the client chooses to wire the money  to our bank we will not pay for wiring the money.

Return customer with good credit.

   If the client is a return customer and has a good payment history we will ask the client to pay.

A.    Only 20% of the total amount up front and 30% in the middle  of the project and the rest  of the payment at the completion of the project

B.    If the client sends a check or money order the project will not be started until the check clears and the collection fees on the check will be paid by the client.

C.    If the client pays via Paypal we will add an  extra money which is equivalent to  the  Paypal charge to transfer the money to our account.

D.    If the client chooses to wire the money we will not pay fee to wire the money to our bank .

 Return customer with bad credit.

   If the client is a return customer and has a bad payment history we will ask the client

A.    To pay 100% of the due upfront before we start the project.

B.   If the client sends a check or money order the project will not be started until the check clears and the collection fees on the check will be paid by the client.

C.    If the client pays via Paypal we will add an  extra money which is equivalent to  the  Paypal charge to transfer the money to our account.

D.    If the client chooses to wire the money we will not pay  the fee to wire the money to our bank .

If the client chooses to wire the money we will not pay for the wiring the money.

USA companies.

   First time

 If the company is a US company and its first time  to be our customer we will do the following.

  1. Create an account to the client
  2. Create Project number for the client
  3. Ask the client to send us work order
  4. We will generate a contract and email and ask to send us a signed contract to back to us
  5. Once we secure the payment method and signed an agreement paper we will start the project.
  6. When the project completed send the project and invoice.  
  7. If the client pays via Paypal we will charge the extra money where Paypal charges to the client’s final bill
  8. If the client chooses to wire the money we will not pay for the wiring the money.

But if the client is small and unknown or individual request, depend on the size of the project we will do the same as the big client or ask them to pay upfront payment.

 

USA Return customer with good credit.

  If the client is a return customer with a good credit history we will do the following

  1. Create an account to the client
  2. Create Project number for the client
  3. Ask the client to send us work order
  4. We will generate a contract and email and ask to send us a signed contract to us
  5. Once we secure the payment method and signed an agreement paper start the project.
  6. When the project completed send the project and  invoice.  

 USA Return customer with BAD credit.

If the client is a return customer and has a bad payment history we will ask the client

A.    To pay 100% of the due upfront before we start the project.

B.    If the client sends a check or money order the project will not be started until the check clears,  and the collection fees on the check will be paid by the clients.

C.    If the client pays via Paypal we will charge the client  extra money where Paypal charge us to transfer the money

D.    If the client chooses to wire the money we will not pay  the fee to wire the money.

Cancellation:

If the customer cancels the project in the middle of it,  there will be a cancellation fee. The fee depends on how much work is done. If the project is completed more than 50% the customer is required to pay the full payment. Also the rate will be based on the number of word or projects completed at the time of cancellation. For example. If the customer gives us a 20,000 word count document at 0.05 prices and the customer cancels the project after we translated 10,000 words and the rate for 10,000 words is 0.10. The customer is required to pay at 0.10 USD per word.

Additional Charge:

If the project is a translation job we will provide the translation in Microsoft Word document. However if the customer wants the document in another format we will charge extra for formatting, editing and converting. Please be advice our rate does not reflect editing, formatting, or converting the document to another format.

Due Date

For any project the minimum amount of time for a due date is One Week.

Since there is a high scarcity of professionals and tools in African languages we are not grantee to complete any project  on the due date specified on any contract. But we will try our best to meet the dead line.

 

If you have any questions or comments about this web site, please send e-mail to info@ethiotrans.com.
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